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I rec a notice from the plaintiff I am the def/dismiss w/o prej/complaint, entire action of all parties & all causes if action

Los Banos, CA |

My brother sued me for fraud on my moms estate on a certain peice of property that she left to me, last year, it went into probate in aug 2012, we have been to court for this suit and friday the 15th was to be a mandatory meeting in court, on the 15 of march a court trial hearing, now today I rec: Please dismiss~W/O prejudice, complaint, entire action of all parties and all causes of action , those are the boxes marked..a few other pages are attached, but no boxes marked, I don't want to contact his attorney, since I never got one for this action, So do I still have court on Feb 15th 2013, should I call his attorney, show up anyways, does probate over rule his suit??

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Attorney answers 2

Posted

Call the clerk on the 14th to see if the dismissal is on file. If it is, you do not have to go to court. Otherwise you should go, request for dismissal in hand, and ask if he had submitted it to the court.

Posted

It sounds like your brother has dismissed the case against you. The "without prejudice" part means that he has the option to re-file it again at a later date as long as it is within the statute of limitations. I agree with the previous response that you should call the court clerk (even now) to see i the dismissal has been filed with the court and confirm with them the case is dismissed. If you can't get that confirmation, show up at the court. Good luck.

I am licensed in California only and my answers on Avvo assume California law. The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

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